14 February 2008

Plaintiffs KingCast and Brian Jesseman Present: The Jesseman Affidavit to obtain the IP address of the bogus poster from Joe McQuaid's Union Leader.

I, the undersigned, being first duly sworn and pursuant to the pains of Perjury, solemnly aver:

1. That's the front porch of my home, with Liko Kenney with a fist raised on the Freedom poster;

2. Mr. King never gave me any legal advice but when I read his draft lawsuit I agreed with what he claims so I offered to join him as a Plaintiff so now we have this lawsuit.....

Oh, we'll work on it today, and sue Joe McQuaid tomorrow. Let's see Kelly and her merry band of LE pranksters try to nail me for attempted extortion, or for unauthorized practice of law. Then they can get McQuaid to issue a nasty editorial... oh, wait: Been there, done that.

Namaste.

PS: Hey Joe... put your crack legal team to work distinguishing the 5 factors in ELEKTRA ENTERTAINMENT GROUP, INC. v. DOES 1-9 2004 U.S. Dist. LEXIS 23560 (U.S. SDNY 2004), as summarized in the comments section. You can't do it. We're getting that IP address, you better believe it.

Oh, wait: Is Elektra too old for you? You want something from, say... 2007? How about Laface Records, LLC v. Does 1-5, 2007 U.S. Dist. LEXIS 72225 (U.S. WDSD Michigan, Sept. 27 2007) (Copyright infringement allegation compels production of IP addresses and names).

3 comments:

Christopher King said...

As someone aptly noted in another recent post,

"The dog can't eat this homework."

See generally U.S. v. Hilton, 257 F.3d 50 (1st Cir. 2001).

" [**7] In convicting Hilton, the district court found it necessary to rely only on the seven images on the backup tape, which Hilton concedes were child pornography. HN3Hilton is correct that the government must prove that he knew that he possessed the images in question. Hilton, 167 F.3d at 75.

However, the government did present sufficient evidence to prove that Hilton knew of the images on the tape. The critical testimony came from Customs Agent Stephen Marx--an expert in computer forensics....."


*****

.....This is not child pornography, but it is almost as disgusting.

Christopher King said...

Whoa. See also ELEKTRA ENTERTAINMENT GROUP, INC. v. DOES 1-9 2004 U.S. Dist. LEXIS 23560 (U.S. SDNY 2004).

OVERVIEW: The companies learned the Internet Protocol address from which each student was disseminating the companies' copyrighted works, but they were not able to ascertain the name, address, or any other contact information for any of the students.

Pursuant to its privacy guidelines, the college notified the students that it had been served with a civil subpoena asking for the names of the students. One of the students argued that because the First Amendment protected the right to speak and to use the Internet anonymously, he or she had a qualified privilege, and that the court should quash the subpoena.

In denying the motion to quash, the court held that the need for disclosure outweighed the students' First Amendment interests, which were not afforded the broadest protection. The court held that (1) the companies made a showing of copyright infringement, (2) the discovery request was sufficiently specific, (3) there was no other way to obtain the subpoenaed information, (4) the information was needed to advance the claim, and (5) the students were entitled to only a minimal expectation of privacy in downloading and distributing copyrighted songs without permission.

OUTCOME: The court granted the student's motion to sever and denied the motions to quash and to dismiss.

*********

KingCast: Cookin' with gas.

Christopher King said...

Hahahaha.... I was just pulling up an old case template for the Injunction Petition tomorrow and saw this email to NH AAG Mike Bahan, telling him Kelly was waaay off base coming after me.

I was correct, of course.

Date: Mon, 14 Mar 2005 08:58:12 -0800 (PST)
From: "Chris King" chrystobal39@yahoo.com Add to Address Book Add Mobile Alert
Yahoo! DomainKeys has confirmed that this message was sent by yahoo.com. Learn more
Subject: Fwd: Re: My Complaint against Gloria Timmons and Chief Dunn [v3.0]
To: mike.bahan@doj.nh.gov, chrystobal39@yahoo.com

Dear Attorney Bahan,

The forward should work but if not I've added a new copy as well.

Thank you in advance for your time and consideration, and I'll get the hard copies and Attachments out to you today or tomorrow.

Come now: A Grand Jury investigation for this? And what happens when my writer and film maker cover every inch of the process? I think for all parties involved it's best to walk away.

Very truly yours,

-Christopher King, J.D.

Note: forwarded message attached.